L. President, Speaker.

Question for appointing a joint Committee with Commons, to consider the State of the Kingdom.

The Question was propounded, "Whether there
shall be a Committee appointed, in order to join with
a Committee of the House of Commons, to debate
Matters concerning the State of the Kingdom?"

The Question being put, "Whether this Question
shall be now put?"

It was Resolved in the Affirmative.

Then the main Question was put, "Whether there
shall be a Committee appointed, in order to
join with a Committee of the House of Commons, to debate Matters concerning the State
of the Kingdom?"

It was Resolved in the Negative.

Protest against not appointing one.

These Lords following, before the abovesaid Question was put, desired Leave to enter their Dissents, if the Question was carried in the Negative; and accordingly do enter their Dissents.

"We do dissent to the Question aforesaid; and do
enter our Dissent, and Reasons following:

"Because we are fully convinced in our Judgements,
that the conferring of the Lords with the Commons,
by a joint Committee of both Houses, is the likely
Way to produce a good Understanding between them;
which we take to be most necessary at this Time,
for the Safety of the King's Person, and the Security
of the Protestant Religion against the bloody Designs
of the Papists; as also for the Redress of other
Grievances which the Nation at this Time lies under.

"Buckingham. Salisbury.

"Bedford.

"Maclesfeld.

"Stamford.

"Monmouth.

"Kent. Essex.

"Clare.

"Westmorland.

"P. Wharton.

"Pagett.

"Sunderland.

"J. Lovelace. Mulgrave.

"Delamer.

"Herbert.

"Brooke."

Bickly dismissed.

This Day Captain Bickley, who had spoken disparaging Words of Dr. Oates, was called in; at the
same Time Dr. Oates was also present.

Bickley was asked, "What he can say to the Information against him?"

He said, "The Party that made the Information was
mistaken; and there was but a single Witness against
him."

Dr. Oates declared, "That he had forgiven the said
Bickley for what concerns himself; and made it his
humble Request to the House on his Behalf."

Bickley was commanded to withdraw.

And the House considering of his Offence; ORDERED,
That he be brought in as a Delinquent, and receive the
Reprehension of the House for his Offence; and be admonished to keep better Company for the future, and be
more vigorous in the Execution of his Place, as a Justice
of Peace, against Papists.

The said Captain Bickley being brought to the Bar,
and kneeling; the Lord President, by Directions of the
House, gave him an Admonition and Reprehension; and
thereupon he was dismissed from further Attendance.

Mildmay versus Ducket.

Upon reading the Petition of William Mildmay Esquire,
and others, Respondents, to the Appeal of Thomas
Ducket Esquire, from a Decree in the Court of Chancery, the Matter of which Appeal is appointed to be
heard at the Bar of this House, at Three of the Clock
this Afternoon; shewing, "That Henry Mildmay, a
"Party to the Decree, and the said Petitioner's Brother, hath in his Hands several Deeds and Evidences,
which were made Use of by the Petitioner, in the
Court of Chancery, upon making of the said Decree,
and which the Petitioner will have Occasion for upon
the said Appeal:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Henry Mildmay be, and is, required to attend the said Hearing
of the said Appeal, and with all such Deeds and Evidences and Writings which are in his Hands, and were
made Use of by the Petitioner at the making of the
said Decree.

Bill for an Association.

ORDERED, That these Lords following are added to
the Committee for Association:

Knollis, Servant to E. of Strafford, claiming Privilege.

The Marquis of Worcester reported from the Committee of Privileges, "That their Lordships are of
Opinion, that Francis Knollis is such a Servant to the
Earl of Strafford, as entitles him to Privilege of Parliament: But whether Parliament Privilege doth extend to exempt one being an House-keeper from
bearing any Office in the Parish, they submit to the
Judgement of this House; though their Lordships are
of Opinion, that it doth extend to such an Exemption, there being no Example to the contrary produced to them, and it appearing to their Lordships to
fall under the same Reason."

Hereupon the following Order was made:

Privilege of Parliament does not extend to exempt Lords Servants (House-keepers) from bearing Parish Offices.

"The House taking into Consideration a Report made
from the Lords Committees for Privileges, in the Case
of Mr. Francis Knollis, Servant to the Earl of Strafford, and a Housekeeper in Covent Garden Parish,
whether he ought to be exempted from bearing
Office in his Parish, by Privilege of Parliament: It is
ORDERED and Adjudged, by the Lords Spiritual
and Temporal in Parliament assembled, That the said
Francis Knollis being a Housekeeper (though Servant
to the Earl of Strafford) ought not to be exempted
from bearing Office in the Parish wherein he liveth,
under Colour of Privilege of Parliament; but that
he shall have such Privilege of Parliament as belongs
to Peers Servants."

Message from H. C. with an Address.

A Message was brought from the House of Commons,
by Sir Francis Russell and others:

That the House of Commons had prepared an Address to be presented to His Majesty for a Fast; to which
they desire their Lordships Concurrence.

Address to the King, for a Fast:

The Address was read; videlicet,

"We Your Majesty's most dutiful and loyal Subjects,
the Lords Spiritual and Temporal, and Commons, in
this present Parliament assembled, being deeply sensible of the sad and calamitous Condition of this
Your Majesty's Kingdom, occasioned chiefly by the
impious and horrid Conspiracies of a Popish Party,
who have not only plotted and intended the Destruction of Your Majesty's Royal Person, but the total
Subversion of the Government and true Religion established amongst us; and finding the same detestable
Machinations still obstinately prosecuted by them, as
well by fomenting Divisions amongst Your Majesty's
loyal Protestant Subjects, as all other the most wicked
Contrivances, notwithstanding the many Discoveries
thereof, by God's great Mercy and wonderful Providence, lately brought to Light; all which dreadful
Judgements are now impending over us most deservedly for our many and grievous Sins, and cannot
otherwise in human Reason be prevented but by the
particular Blessing of God upon the Consultations
and Endeavours of Your Great Council now assembled
in Parliament; do in all Humility beseech Your Majesty, That, by Your Royal Proclamation, a Day may
be solemnly set apart, wherein both ourselves and
all Your Majesty's loyal Subjects may, by Fasting
and Prayers, endeavour a Reconciliation with Almighty God, and with humble and penitent Hearts
implore Him, by His Power and Goodness, to divert
those Judgements, and defeat the wicked Councils
and Devices of our Enemies, to unite the Hearts of
Your loyal Protestant Subjects, and to continue His
Mercy and the Light of His Gospel to us and our
Posterities; and more especially to bestow His abundant Blessings on Your Sacred Majesty, and this present Parliament; that our Consultations and Endeavours may produce Honour, Safety, and Prosperity,
to Your Majesty and Your People."

Agreed to.

Agreed to; with the Addition of the Words, ["Lords
Spiritual and Temporal."]

The Answer returned to the House of Commons was:

That the Lords had considered of their Message;
and had agreed to the Address to be presented to His
Majesty for a Fast.

Message to know when the King will be attended.

ORDERED, by the Lords Spiritual and Temporal in
Parliament assembled, That the Lords with White Staves
do attend His Majesty from this House, to know His
Majesty's Pleasure, when both Houses may wait upon
His Majesty, with their humble Address for a solemn
Fast to be kept throughout this Kingdom.

Sir Oliver Butler versus Regem, &c.

Whereas there is an Appeal of Sir Oliver Boteler
depending in this House, to which Sir Phillip Warwicke
and others have put in their several Answers; it being
prayed, by the Petition of the said Sir Oliver Boteler, that
a Day of Hearing may be appointed thereupon, as that
he may give Notice to the said Respondents, some of
which live far out of Town:

It is ORDERED, by the Lords Spiritual and Temporal
in Parliament assembled, That this House will hear
Counsel at the Bar, upon the said Appeal and Answers,
on Wednesday the Eighth Day of December next, at
Three of the Clock in the Afternoon; whereof the said
Sir Oliver Boteler is to cause timely Notice to be given
to the said Respondents respectively for that Purpose.

Protestant Religion for securing.

The House was put into a Committee, to consider of
the Head concerning the Queen, and the Marriage of
the King.

The House was resumed.

And the Lord Privy Seal reported, "That this Day
being appointed to debate the Business concerning
the Queen, in regard a Lord that is now absent pretends he hath somewhat to offer in the Business; the
House thought fit to lay aside that Debate, and proceed on other Heads."

The House was again adjourned into a Committee,
to consider of further Heads for securing the Protestant
Religion, which were read; (videlicet,)

"That no Forces be raised without Consent of Parliament: If any be, it shall be lawful for any to oppose them.

"That the Parliament in Being at the King's Death
shall continue to sit Six Months after the Demise of
the King; if no Parliament, the last preceding Parliament shall meet and sit.

"In Absence of Parliament, a Committee to fill all
places; which the Parliament shall have Power to approve or disapprove."

The House agreed to these Heads.

Then all the Heads agreed on were read; videlicet,

Heads for Bill, for securing the Protestant Religion.

"Heads agreed on for One or more Bill or Bills
for securing the Protestant Religion.

"That there be a Bill of Association, as was in the
Reigns of Ed. IIId. and Queen Elizabeth.

"That the Proviso exempting the Duke of Yorke
from taking the Oaths, and making the Declaration,
in the Act for the more effectual preserving the King's
Person and Government, by disabling Papists from
sitting in either House of Parliament, be repealed.

"That the Duke of Yorke be disabled from being
Admiral of Ireland, The West Indies, Tangier, or bearing any other Office in England or Ireland, or any
other Dominions to either of them belonging.

"That Care be taken, that all Ecclesiastical and
Spiritual Benefices and Promotions in the Gift of
the Crown may be conferred in such a Manner, that
the Incumbents shall always be of the most pious
and learned Protestants: And that James Duke of
Yorke, nor any Popish Successor while he continues
so, may have any Power to control such Presentments, nor to dispose of any the Premises belonging
to or in the Gift of the Crown.

"That there be a Limitation, to debar the Duke of
Yorke, in case the Crown fall to him, of the Negative Voice in Parliament.

"That the Duke of Yorke dispose of no Offices,
Civil, Ecclesiastical, or Military, without Consent in
Parliament.

"No Forces to be raised without Consent of Parliament: If any be, it shall be lawful for any to
oppose them.

"The Parliament in Being at the King's Death, shall
continue to sit Six Months after the Demise of the
King; If no Parliament, the last preceding Parliament shall meet and sit.

"In Absence of Parliament, a Committee to fill all
Places, which the Parliament shall have Power to
approve or disapprove."

ORDERED, That it is hereby referred to Mr. Justice
Jones and Justice Raymond, to draw up a Bill on the
Heads now read, excepting that Head concerning Association; and to present the same to the House.

Committee to consider of Method of proceeding on L. Stafford's Trial.

ORDERED, by the Lords Spiritual and Temporal in
Parliament assembled, That it be, and is hereby, referred to the Lords Committees for Privileges, to advise
and consider of what Directions, Rules, and Methods,
are fit to be observed, for Preservation of Order and Regularity in the Trial of the Lord Viscount Stafford, now
to be tried, together with all such Circumstances as
occur in such Trials, and make Report unto the House.

L. President, Speaker.

The Lord President supplied the Place of the
Lord Chancellor this Day.

Ducket versus Mildmay.

Upon hearing Counsel this Day at the Bar, as well
upon the Petition of Thomas Ducket Esquire, being an
Appeal from a Decree made in the Court of Chancery,
in Easter Terme, One Thousand Six Hundred Seventy
and Eight, on the Behalf of William Mildmay Esquire
and others, concerning Lands in Hensted, in the County
of Suffolke, and a Personal Estate, pretended to be
conveyed and settled by the said William Mildmay
upon the Petitioner and his Children; by which Decree
the Petitioner is to account for the Rents, Issues, and
Profits, by him received by virtue of the said Conveyances (as in his said Appeal is suggested); as also
upon the Answer of the said William Mildmay and others
put in thereunto, and Replication of the said Thomas
Ducket thereupon:

After due Consideration had of what was offered on
either Side in the said Cause, it is ORDERED and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the Decree aforesaid, from which
the said Thomas Ducket appealed to this House, be, and
is hereby, confirmed; and the Appeal of the said Thomas Ducket dismissed this House.

O'Hara versus Crowe.

Upon reading the Petition of Rose O'Hara Widow,
being an Appeal from a Decree made in the Court of
Chancery in the Kingdom of Ireland, on the Fifteenth
Day of February, One Thousand Six Hundred Seventy
and Seven, in a Cause lately depending in that Court,
wherein John Crow and Elizabeth his Wife were Plaintiffs, and the Petitioner and Richard Lord Baron of Santry Defendants, concerning Leases for Years, of certain
Castles, Messuages, and Lands, &c. with their Appurtenances, granted by the Mayor and Sheriffs and Commons of Dublin to Jacob Newman the Petitioner's Grandfather, and by him devised to several Uses in the Petition set forth; and praying, that the said John Crow and
Elizabeth his Wife may answer thereunto:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said John Crow
and Elizabeth his Wife be, and they are hereby, required to put in their Answer or Answers, in Writing,
to the said Appeal of Rose O'Hara, at the Bar of this
House, on the First Day of the Sitting of this House
next after Christmas Holidays now at Hand; whereof the
Petitioner is to cause timely Notice to be given to the
said John Crow and Elizabeth his Wife (who may have
a Copy of the said Appeal) for that Purpose, in order
to a Hearing on both Parts, at the Bar of this House.

ORDERED, That the Committee about Dissenters,
and the Committee for the Bill of Association, do meet
To-morrow Morning, at Eight of the Clock.